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Legal malpractice entails lawsuits filed against attorneys due: Negligence Case.
Negligence case | Breach of Fiduciary Duty | Breach of Contract
It’s an umbrella term that encompasses a broad spectrum of cases that all share one thing in common – the client was harmed due a lawyer’s carelessness or failure to uphold their professional duty of care.
Common Case Scenarios
Here are some of the most common reasons for legal malpractice:
- Failure to File Documents in a Timely Manner – When a legal case hinges on the statute of limitations, attorneys are obligated to prepare and submit required filings on time. If a deadline is missed, this mistake cannot be undone. A negligent security attorney, however, can be hired to counteract with legal malpractice.
- Lack of Response – The lawyer skipped out on a court hearing or failed to reply to a motion, costing the client dearly.
- The Lawyer Acted Unethically – The attorney ignored the duty of professional care and acted in their best interest rather than in the client’s.
- Inappropriate Use of Fees – The lawyer intentionally used the client’s funds secured on products or service not relating to the case.
- No Follow Through or Due Diligence – The lawyer did the bare minimum or nothing at all during an investigative window or made notable errors along the way.
To prove malpractice, in a negligence case a attorney must demonstrate that the normal duty of care was forfeited by the lawyer in question and the client suffered as a result. Moreover, the evidence must show that slipups were made that no fair or reasonable attorney would make.
Though the rules vary from one location to another, four rules of thumb are factored into proving a negligence case. These include:
- The client suffered financial loss
- There was negligence case involved
- There was an established attorney-client relationship
- A causation argues the what-ifs had the attorney not been negligent
Legal malpractice cases are often complex and sometimes difficult to prove. With the right defense, however, there is a possibility to get a second chance and get reimbursed for the damages sustained.
Types of Legal Malpractice Cases
A lawyer can be guilty of being “negligent” for a range of cases in virtually every industry. Here are a few cases in point:
- Business Negligence Case – The lawyer did not renew the business registration, causing the owner to lose the name and trademark to the competition.
- Civil Negligence Case – The lawyer did not file paperwork within the statute of limitations.
- Teacher Negligence Case – The lawyer failed to properly investigate wrongdoings by a teacher.
- Construction Negligence Case – The lawyer caused a client to lose a security deposit by not responding to a motion.
- Hotel Negligence Case – The lawyer failed to complete due diligence for a slip and fall accident on a hotel property.
- Medical Negligence Case – The lawyer failed to show up to a court hearing for medical malpractice.
- Tort of Negligence Case – The lawyer made weak defenses for a criminal case that no reasonable attorney would claim.
Undo the Wrong of Professional Negligence
If a professional you trusted let you down due to incompetence, intentional or otherwise, let us help you undo the damage caused. Don’t be a victim. Take back control by consulting us today.
Campione Law PA in Jacksonville, Florida is a voice of reason and strong advocate in your corner when you have been disappointed by a former attorney. In our many years of business, we have fought diligently to represent our clients’ best interest at all times. In the end, we answer to you and strive to maintain a clean and spotless reputation.
